Separate Property

Depending on the state the property division can be dealt with as either community property or equitable distribution. While community property is not as common, it is still practiced in a number of states. It is the equal distribution of property amongst the two spouses. Rather than taking factors like wage difference into account, community property typically does an even split of assets. Community property views as all possessions as belonging to both spouses. There may however be items that are considered the property of one spouse; this is known as separate property. Separate property is considered to belong exclusively to one spouse. Even once a couple is married, it is not included in the combining of their resources unless they choose to do so. Separate property is dependent on the state but will typically be labeled as the following:

• Any property acquired prior to marriage.
• Inheritance and pensions.
• A gift given to that specific spouse.
• Property that was awarded by the court.
• Property the spouses have agreed upon to keep separate.

Any new property purchased during the marriage with separate property may still considered to be separate property. For example, a car that was purchased with inheritance money may not be lumped together as the spouse's property, but remains exclusively to the individual with the inheritance money. If the inheritance money is incorporated into the couple's joint fund to the point that it cannot be differentiated, then a court may view it as community property. A business that was started before the marriage but was maintained throughout the marriage also may be moved from the separate property category into community property. It is useful for a spouse to know this going into marriage so that if there are things they would want to keep themselves in the event of divorce, they would know not to them combine with their spouse.

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